International Criminal Court — Global Issues
American officials have said that whilst they support attempts to bring the Taliban to justice, they believe an ICC investigation would be "unwarranted and unjustified". The United States is not a signatory to the ICC.
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The proposed investigation by the ICC would cover events from May 2003 onwards, when Afghanistan signed up to the court. Any alleged crimes committed in the country after that date are eligible to be investigated, even if by foreign nationals.
Fatima also wants the ICC to investigate the Afghan government for its failure to stop the attacks. It seems unlikely that that would fall under the remit of the ICC though. And bringing the Taliban to justice would not necessarily be an easy task.
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helping to fund non-governmental organizations (NGOs) from developing nations so that the ICC process would benefit from their unique perspectives.
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contributing to a United Nations Trust Fund that enabled lesser developed countries to participate in ICC negotiations, thereby ensuring true international representation; and
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Canada played a pivotal role in the movement for the International Criminal Court and contributed to its development in a variety of important ways, which included:
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The ICC judges still need to decide whether to authorise a formal investigation, let alone level charges, but many in Afghanistan are looking to the court to provide some kind of justice after years of violence.
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The idea of establishing an international criminal court has existed for a long time. But the ICC we have today was not constituted until quite recently. The current ICC initiative was facilitated by the draft Statute prepared by the International Law Commission () and was galvanized by reports of atrocities committed in Rwanda and the former Yugoslavia.
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It shall be a permanent institution and shall have the power to exercise its jurisdiction over persons for the most serious crimes of international concern, as referred to in this Statute, and shall be complementary to national criminal jurisdictions.